Daniel Beech v Avon Fire and Rescue Service

Daniel Beech v Avon Fire and Rescue Service

The Employment Judge erred by drawing a conclusion about the timing of the claimant's knowledge of relevant facts without hearing evidence or submissions on that point, which was a relevant consideration in the exercise of discretion on the amendment application. The matter should be remitted to the same Employment Judge to reconsider the amendment application in light of the correct factual position.

Parties
Appellant: Mr Daniel Beech; Respondent: Avon Fire and Rescue Service
Jurisdiction
England and Wales
Judgment Date
15 December 2021
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed in part and remitted
Legal Topics
Sex Discrimination, Direct Discrimination, Indirect Discrimination, Case Management, Amendment of Pleadings, Strike Out Applications
Employment Law Sex Discrimination Direct Discrimination Indirect Discrimination Case Management Amendment of Pleadings Strike Out Applications

Case Brief

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Parties

Mr Daniel Beech

Appellant

Avon Fire and Rescue Service

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Judge erred in refusing an amendment application to add a direct discrimination claim
  2. 2 Whether the Employment Judge erred in striking out the direct discrimination claim for having no reasonable prospect of success
  3. 3 Whether the Employment Judge failed to consider relevant evidence or submissions regarding the timing of disclosure to the claimant

Ratio Decidendi

The Employment Judge erred by drawing a conclusion about the timing of the claimant's knowledge of relevant facts without hearing evidence or submissions on that point, which was a relevant consideration in the exercise of discretion on the amendment application. The matter should be remitted to the same Employment Judge to reconsider the amendment application in light of the correct factual position.

Court Disposition

Appeal allowed in part and remitted

Orders

  • The appeal succeeds to the extent indicated.
  • The matter is remitted to the same Employment Judge to reconsider the amendment application regarding direct discrimination in light of the timing of disclosure to the claimant.